What is the legal test for liability when a person is injured in a motor vehicle accident?

California, United States of America


The following excerpt is from Beauchamp v. Los Gatos Golf Course, 273 Cal.App.2d 20, 77 Cal.Rptr. 914 (Cal. App. 1969):

(1) Where the condition or danger is obvious, there is No duty to specially guard or warn against it. Hence, an injury to the user of the premises from an obvious characteristic produces no liability against the possessor of land. Sometimes this has been defined in terms of the invitation, which is to use the premises subject to the obvious risks posed either by [273 Cal.App.2d 32] the physical condition or in the contemplated manner of use of the premises in that physical condition. (Ambrose v. Allen, supra, 113 Cal.App. 107, 113, 298 P. 169.)

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